Chapter 3. Injunction - California Code of Civil Procedure Section 526
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California Laws > Code of Civil Procedure > Chapter 3. Injunction - California Code of Civil Procedure Section 526
526. (a) An injunction may be granted in the following cases:
(1) When it appears by the complaint that the plaintiff is
entitled to the relief demanded, and the relief, or any part thereof,
consists in restraining the commission or continuance of the act
complained of, either for a limited period or perpetually.
(2) When it appears by the complaint or affidavits that the
commission or continuance of some act during the litigation would
produce waste, or great or irreparable injury, to a party to the
(3) When it appears, during the litigation, that a party to the
action is doing, or threatens, or is about to do, or is procuring or
suffering to be done, some act in violation of the rights of another
party to the action respecting the subject of the action, and tending
to render the judgment ineffectual.
(4) When pecuniary compensation would not afford adequate relief.
(5) Where it would be extremely difficult to ascertain the amount
of compensation which would afford adequate relief.
(6) Where the restraint is necessary to prevent a multiplicity of
(7) Where the obligation arises from a trust.
(b) An injunction cannot be granted in the following cases:
(1) To stay a judicial proceeding pending at the commencement of
the action in which the injunction is demanded, unless the restraint
is necessary to prevent a multiplicity of proceedings.
(2) To stay proceedings in a court of the United States.
(3) To stay proceedings in another state upon a judgment of a
court of that state.
(4) To prevent the execution of a public statute by officers of
the law for the public benefit.
(5) To prevent the breach of a contract the performance of which
would not be specifically enforced, other than a contract in writing
for the rendition of personal services from one to another where the
promised service is of a special, unique, unusual, extraordinary, or
intellectual character, which gives it peculiar value, the loss of
which cannot be reasonably or adequately compensated in damages in an
action at law, and where the compensation for the personal services
is as follows:
(A) As to contracts entered into on or before December 31, 1993,
the minimum compensation provided in the contract for the personal
services shall be at the rate of six thousand dollars ($6,000) per
(B) As to contracts entered into on or after January 1, 1994, the
criteria of clause (i) or (ii), as follows, are satisfied:
(i) The compensation is as follows:
(I) The minimum compensation provided in the contract shall be at
the rate of nine thousand dollars ($9,000) per annum for the first
year of the contract, twelve thousand dollars ($12,000) per annum for
the second year of the contract, and fifteen thousand dollars
($15,000) per annum for the third to seventh years, inclusive, of the
(II) In addition, after the third year of the contract, there
shall actually have been paid for the services through and including
the contract year during which the injunctive relief is sought, over
and above the minimum contractual compensation specified in subclause
(I), the amount of fifteen thousand dollars ($15,000) per annum
during the fourth and fifth years of the contract, and thirty
thousand dollars ($30,000) per annum during the sixth and seventh
years of the contract. As a condition to petitioning for an
injunction, amounts payable under this clause may be paid at any time
prior to seeking injunctive relief.
(ii) The aggregate compensation actually received for the services
provided under a contract that does not meet the criteria of
subparagraph (A), is at least 10 times the applicable aggregate
minimum amount specified in subclauses (I) and (II) of clause (i)
through and including the contract year during which the injunctive
relief is sought. As a condition to petitioning for an injunction,
amounts payable under this subparagraph may be paid at any time prior
to seeking injunctive relief.
(C) Compensation paid in any contract year in excess of the
minimums specified in clauses (i) and (ii) of subparagraph (B) shall
apply to reduce the compensation otherwise required to be paid under
those provisions in any subsequent contract years. However, an
injunction may be granted to prevent the breach of a contract entered
into between any nonprofit cooperative corporation or association
and a member or stockholder thereof, in respect to any provision
regarding the sale or delivery to the corporation or association of
the products produced or acquired by the member or stockholder.
(6) To prevent the exercise of a public or private office, in a
lawful manner, by the person in possession.
(7) To prevent a legislative act by a municipal corporation.
Last modified: February 16, 2015